Sahaddi Sk vs The State Of Assam And Anr
2022 Latest Caselaw 4710 Gua

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GAHC010143062022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : I.A.(Crl.)/376/2022

            SAHADDI SK
            S/O LATE HABI SK
            RESIDENT OF VILLAGE BHADEJAGURI, PS AND DIST KOKRAJHAR,
            ASSAM 83370



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:MUSSTT. JYOTSHNA BHANU KHATUN
            W/O JONAB ALI
            RESIDENT OF VILLAGE BANGALDUBA

            PS AND DIST KOKRAJHAR
            ASSA

Advocate for the Petitioner   : MR P K DAS

Advocate for the Respondent : PP, ASSAM




             Linked Case :

            SAHADDI SK



             VERSUS
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             THE STATE OF ASSAM AND ANR. F



             ------------

Advocate for : MR P K DAS Advocate for : appearing for THE STATE OF ASSAM AND ANR. F

BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

30.11.2022

Heard Mr. P.K. Das, learned counsel appearing for the applicant as well as Mr. P. Borthakur, learned Addl. P.P. appearing for the State.

The applicant has filed this interlocutory application under Section 5 of the Limitation Act, for condoning the delay of 79 days beyond the period of limitation in filing the connected appeal under Section 374(2) Cr.P.C.

The office note dated 23.11.2022 indicates that notice has been served upon the respondent no. 2 but the respondent no. 2 is not represented today i.e. on 30.11.2022.

It is submitted that the applicant could not acquire the copies of the documents within the period of limitation because he was forwarded to the jail after the judgment and order dated 14.12.2021 was passed by the learned Asstt. Sessions Judge, Kokrajhar. It is also submitted that the applicant's wife is illiterate and a daily labourer.

Mr. P. Borthakur, learned Addl. P.P. appearing for the State has no objection to the said prayer.

Considering the submissions of both sides, delay of 79 days is condoned.

Accordingly, this interlocutory applications stands disposed of.

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Registry is directed to register the connected appeal and list it accordingly.

JUDGE

Comparing Assistant